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SEX.COM, INCORPORATED v. DOMAIN NAME ACQUISITION GROUP, LLC et al - Document No. 1

SEX.COM, INCORPORATED v. DOMAIN NAME ACQUISITION GROUP, LLC et al - Document No. 1

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Published by Justia.com
COMPLAINT against DOMAIN NAME ACQUISITION GROUP, LLC, ANDREW MILLER, PETER HUBSHMAN, DEAL JAM, LLC ( Filing fee $ 250 receipt number 921153.), filed by SEX.COM, INCORPORATED.(ti, ) 2:2005cv05111 Pennsylvania Eastern District Court
COMPLAINT against DOMAIN NAME ACQUISITION GROUP, LLC, ANDREW MILLER, PETER HUBSHMAN, DEAL JAM, LLC ( Filing fee $ 250 receipt number 921153.), filed by SEX.COM, INCORPORATED.(ti, ) 2:2005cv05111 Pennsylvania Eastern District Court

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Published by: Justia.com on Apr 29, 2008
Copyright:Public Domain

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06/06/2014

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF PENNSYLVANIASEX.COM, INCORPORATED ::v. :: CIVIL ACTIONDOMAIN NAME ACQUISITION :GROUP, LLC : NO.:And : JURY TRIAL DEMANDED:ANDREW MILLER :AndPETER HUBSHMANAndDEAL JAM, LLCCOMPLAINT
1. Plaintiff, Sex. Com, Incorporated, is a Delaware corporation, with anaddress of 203 NE Front Street, Suite 101, Milford, Kent County, Delaware, 19963.2. Defendant, Domain Name Acquisition Group, LLC (hereinafter “DNAG”)is a corporation with its principle place of business located at 123 Newbury Street,Second Floor, Boston, MA 02116.3. Defendant, Deal Jam, LLC (hereinafter “Deal Jam”) is a corporation withits principle place of business located at 123 Newbury Street, Second Floor, Boston, MA02116.
Case 2:05-cv-05111-BWK Document 1 Filed 09/26/2005 Page 1 of 9
 
4. It is alleged and therefore believed, Defendants DNAG and Deal Jam arecorporations that acquire options to purchase and/or purchase domain names andthereafter sell same to others.5. It is alleged and believed, Defendants, Andrew Miller and PeterHubshman, are owners and principles in both Defendant DNAG and Deal Jam, with aprinciple place of business located at 123 Newbury Street, Second Floor, Boston, MA02116.
6.
At all times relevant hereto Defendant DNAG and Deal Jam acted and/orfailed to act by and through its authorized agents, servants and employees.7. Jurisdiction in the Eastern District of Pennsylvania is based upon 28U.S.C. §1332 as the amount in controversy, exclusive of interest and costs, exceeds$75,000.00 and the parties are citizens of different states.
FACTUAL BACKGROUND
8. On August 12, 2005, Plaintiff’s authorized agents and Defendants signed aURL Purchase and Sale Assignment Deposit Agreement. A true and correct copy of theURL Purchase and Sale Assignment Deposit Agreement (hereinafter referred to as“Agreement”) is attached hereto, made a part hereof, and marked as Exhibit “A”. TheAgreement was solely drafted by Defendants and/or its Attorneys.9. The Agreement drafted solely by Defendants and/or its Attorneys centeredaround the purchase of the domain name “Sex.Com” as well as a future ConsultingAgreement to be negotiated between the parties.
Case 2:05-cv-05111-BWK Document 1 Filed 09/26/2005 Page 2 of 9
 
10. The agreement drafted solely by Defendants and/or its Attorneys statedthe parties intended to complete documentation and fully fund the transactions no laterthan Tuesday, August 16, 2005 at 5 pm.11. The Defendants, who solely drafted the Agreement, made “time of theessence” for completing the contracts and closing documents and closing any deal.Despite this fact, Defendants did not present Plaintiff’s Agents with a copy of proposedcontracts and closing documents until August 15, 2005, at about 3:00pm.12. The Agreement solely drafted by Defendants and/or its Attorneys requiredPlaintiff to tender a deposit of $500,000.00 directly to Defendants to be applied to anyacquisition and assignment of the Sex.Com domain name.13. Plaintiff immediately tendered said deposit of $500,000.00 to Defendants.14. The Agreement stated the $500,000.00 deposit was to be refundable if Defendants are unwilling or unable to complete the transaction.15. After Plaintiff received a copy of the proposed contracts and closingdocuments, again drafted solely by Defendants and/or its Attorney, on August 15, 2005,at a time about 3:00pm, Plaintiff requested its Counsel, Robert M. Silverman, Esquire,review same and make suggested changes for Plaintiff’s protection.
Case 2:05-cv-05111-BWK Document 1 Filed 09/26/2005 Page 3 of 9

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